CHANDIGARH: In a significant verdict, Punjab and Haryana high court on Tuesday directed the Union government to bring armed forces tribunal (AFT) under the control of ministry of law and justice.
Ever since it was constituted in 2009, the ministry of defence (MOD) has been directly in charge of the AFT. The HC passed the directions while acting on a public interest litigation (PIL) filed by Major Navdeep Singh, founder president of AFT Bar Association, Chandigarh. In his petition, the territorial army (TA) Major had accused the MOD of excessive control in the appointments, rules, infrastructure and functioning of the AFT.
The HC has directed the Union government that after bringing the tribunal under the purview of the law ministry, suitable amendments in the selection committee could also be carried out. The court has also asked the Centre to fill all vacancies of judicial members in the near future. "The idea behind setting up of the AFT and the reason behind passing of the AFT Act was 'independence'. and since the function of the tribunal is purely judicial and adjudicatory, keeping in view the doctrine of separation of powers inherently ingrained in our constitutional system, the government per se ideally should have minimal say in the working of the AFT," the HC observed in its verdict. Major Navdeep had also pointed out that out of 15 courts of AFT in the country, only a few were functioning since the government had not appointed judicial members after retirements resulting in absolute absence of legal remedy to serving and retired personnel in some areas.
The Chandigarh bench, having the largest jurisdiction of five states, was also partially functional with only one judicial member appointed out of three. It was also argued by the petitioner that MOD has not been implementing orders passed by the AFT and 95% of decisions were not implemented without resort to multiple rounds of litigation. Some reports were also placed on record before the HC showing that MOD had allegedly provided a wrong figure of only '303 unimplemented decisions' to a parliamentary committee whereas the number was between 3,500 and 4,500. It was further stated that there seems no logic of having two serving bureaucrats on the selection committee examining the suitability of serving or retired judges of high court for their appointment to tribunal.
Bring Army tribunal under govt control: HC
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Bring Army tribunal under govt control: HC
